Tampa Aggravated DUI Defense Attorneys

Certain
DUI offenses constitute a heavier sentence because of the presence of aggravating factors.
While many of these aggravating factors can lead to conviction of felony
DUI, there are also factors that occur in misdemeanor DUIs that can intensify
the penalties. Aggravated misdemeanor DUI is the midway between a
simple DUI charge and a
felony DUI charge.

Qualities of Aggravated DUI

One way that a DUI charge may be considered aggravated relates to the actual
BAC level recorded at the time of the arrest. If a person being suspected
of DUI takes a test that reveals his or her blood alcohol content to be
0.15 or higher, the misdemeanor charge can be elevated from a second degree
misdemeanor to a first degree misdemeanor.

Another factor that leads to indication of aggravated DUI is whether it was a
DUI with property damage. This can either be someone's home or someone's car who was involved in
a non-injury accident with the driver charged. This will also lead to
first degree misdemeanor.
DUI with a presence of a minor passenger can still be classified as a first
degree misdemeanor, as opposed to a felony, if the charge is a
first offense DUI.

Finally, some DUI with injury cases can still be processed as a misdemeanor
but will be categorized as aggravated DUI and first degree misdemeanor
so long as the injuries are not serious. If the prosecuting agency determines
that the injuries of the other person are serious, the DUI charge is subject
to be elevated to felony DUI.

Therefore, the only aggravated DUI circumstance that qualifies for the
RIDR program is blowing between a 0.15 to 0.20 blood alcohol content (BAC).
If a driver blows between a 0.15 to 0.20 and joins the RIDR program, he
or she will be considered a sanction level 2 participant. As a sanction
level 2 participant, the charged will have to complete more stipulations
to receive their DUI charge demotion. If you have any questions about
this, contact us to get the answers you need.

First & Second-Degree Misdemeanors

While aggravated DUI is a misdemeanor, the difference between being called
with a first degree misdemeanor and second degree misdemeanor is significant
in terms of
penalties. For a first degree misdemeanor, the minimum fines for conviction are
increased to $1,000 for the first conviction, $2,000 for the second and
$4,000 for the third or any subsequent convictions. Jail time served is
given at a minimum of nine months for a first degree misdemeanor DUI and
that minimum is increased to one year if the conviction is repeated. Aggravated
DUI conviction will also result in an extended period of mandatory installation of an
ignition interlock device at the driver's expense. The minimum requirement for such a device is
six months for the first aggravated DUI conviction and at least two years
for a second conviction.
License suspension, probation and
mandatory course participation are also included in a sentence for first degree misdemeanor DUI.

Defend Against an Aggravated DUI in Tampa

If you are facing a first degree misdemeanor charge for DUI, there is still
the possibility of reducing the charge back down to second degree or having
the charge dismissed altogether. The best way to increase your chances
to achieve this is by hiring a
Tampa DUI attorney to defend your case. The attorneys at Thomas & Paulk, P.A. have extensive
knowledge of Florida laws and the science behind charging someone with
DUI. Using this knowledge, we have succeeded in reduced sentences and
dismissal of aggravated DUI for numerous clients!

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DUI Defense in Florida

At Thomas & Paulk, one of our primary focuses is on the defense of
DUI charges. In fact, we are recognized throughout the Tampa area as one
of the premier DUI defense law firms. Our team is well-versed in this
area of the law and has a wide-expanse of experience in helping our clients
fight against such charges.

It doesn’t matter if this is your first offense or your third, you
can count on our firm to protect your legal rights. Often, our defense
starts with recounting with you how the police officer came to stop you
in the first place and how he or she came to believe you may be under
the influence of alcohol. If the stop was illegal, or the tests were improperly
administered, we may be able to argue for the dismissal of that evidence
in court, helping your chances of a dropped charge.

If you would like to learn more about how our team can help, contact us today.

If you're arrested for DUI, you only have
10 days to schedule a DMV hearing where you can fight to save your license.

A blood alcohol reading of
0.15% or more can warrant an aggravated DUI charge with harsher penalties.

Each year, Hillsborough County issues around
4,000 DUI citations. Out of these, more than 3,000 are found guilty.

Per Florida's zero-tolerance policy, anyone
under the age of 21 who tests positive for any measurable blood alcohol can be charged with DUI.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.